The URL can be used to link to this page

Code of Ordinances Supplement 06 SUPPLEMENT NO. 6 September 1993 CODE OF ORDINANCES Village of NORTH PALM BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 18-93, adopted July 22, 1993. See the Code Comparative Table for further infoi7nation. Remove old pages Insert new pages xi-xiv xi-xiv Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 561-564 561-564 619, 620 619, 620 1237-1240 1237-1241 2883 2883 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576-3171 1-800-262-CODE TABLE OF CONTENTS Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [1] PART I CHARTER Charter 1 Art. I. Corporate Name 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 6 Art. IV. Administrative . 11 Art. V. Qualifications and Elections 13 Art. VI. Transition Schedule 14 Charter Comparative Table.... 65 PART II CODE OF ORDINANCES 1. General Provisions 77 2. Administration 133 Art. I. In General 135 Art. II. Council 135 Div. 1. Generally 135 Div. 2. Rules of Procedure 136 Art. III. Administrative Code 136 Div. 1. Generally . 136 Div. 2. Department of Treasury . 138 Div. 3. Department of Finance 139 Div. 4. Department of Records 140 Div. 5. Department of Public Safety 141 Div. 6. Department of Public Services 141 Div. 7. Department of Library 142 Div. 8. Department of Country Club 142 Div. 9. Department of Recreation 142 Art. N. Manager 142 Art. V. Pensions and Retirement Systems 143 Div. 1. Generally 143 Div. 2. Social Security 143 Supp. No. 6 xi NORTH PALM BEACH CODE Chapter Page Div. 3. Pension and Certain Other Benefits for General Employees 144 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees........... 150 Div. 5. Length of Service Award Plan for Volunteer Fire- fighters 157 Art. VI. Code Enforcement Board........... 158 3, Alcoholic Beverages 211 4. Animals and Fowl 263 Art. I. In General 265 Art. II. Dogs and Cats 266 Art. III. Rabies Control 268 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 323 Art. III. Construction Requirements 324 Div. T. Generally 324 Div. 2. Canals 324 Div. 3. Bulkheads and Seawalls 325 Div. 4. Docks and Piers 326 Div. 5. Erosion Control Structures-. 330 Art. IV. 1VIarine Sanctuaries 330 6. Buildings- and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 Div. 1. Generally 384 Div. 2. Reserved 385 Div. 3. Certificate of Appropriateness 385 Art. N. Reserved 387 Art. V. Signs and Outdoor Displays 387 Art. VI. Energy Efficiency Building Code 398 Art. VII. Coastal Construction Code 398 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 8. Civil Emergencies 507 Art. I. In General 509 Art. II. Civil Disorders and Disturbances 509 9. Country Club 559 Art. I. In General 561 Art. II. Administrative Board 562 Art. III. Finances 563 10. Elections 615 Art. I. In General 617 Supp. No. 6 xii TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. IV. Polling Place 620 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 12. Fire Prevention and Protection 723 Art. I. In General 725 Art. II. Fire Prevention Code 725 Art. III. Fire Division 726 Div. 1. Generally 726 Div. 2. Personnel 727 Div. 3. Equipment 727 Div. 4. Reserved 728 Art. IV. Recovery of Costs for Cleanup, Abatement and Re- moval of Hazardous Substances 728 12.5 Flood Damage Prevention 777 Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved 839 14. Health and Sanitation 889 Art. I. In General 891 Art. II. Garbage, Trash and Refuse 891 Div. 1. Generally 891 Div. 2. Garbage Collection and Disposal 891 Div. 3. Abandoned, Inoperative and Junked Property . 892 Art. III. Reserved 895 Art. N. Weeds and Brush 895 15. Housing 945 16. Library 997 Art. I. In General 999 Art. II. Library Board 999 17. Licenses and Miscellaneous Business Regulations 1051 Art. I. In General 1053 Art. II. Occupational Licenses 1053 Art. III. Businesses Located Outside Village Limits 1067 Art. IV. Reserved 1070 Art. V. Ambulances 1070 Art. VI. Garage and Other Sales 1070 17.5 Reserved 1121 18. Motor Vehicles and Traffic 1171 Art. I. In General 1173 Art. II. Operation of Vehicles Generally 1173 Art. III. Stopping, Standing and Parking 1173 Supp. No. 6 X111 NORTH PALM BEACH CODE t Chapter Page 19. Offenses and Miscellaneous Provisions 1225 Art. I. In General 1227 Art. II. Reserved 1228 Art. III. Offenses Against Property 1228 Art. IV. Offenses Against Public Morals 1228 Art. V. Offenses Against Public Peace 1229 Art. VI. Noise Control 1229 Art. VII. Reserved 1235 Art. VIII. Weapons 1235 - Art. IX. Water Shortage Emergencies 1236 Art. X. Alarms 1237 Art. XI. Wehfield Protection 1241 20. Parks, Playgrounds and Recreation 1289 Art. I. In General 1291 Art. II. Meetings and Gatherings 1292 Div. 1. Generally 1292 -- Div. 2. Permit 1292 -- Art. III. Recreation Advisory Board 1293 21. Planning and Development 1343 Art. I. In General 1345 Art. II. Planning Commission 1346 Art. III. Board of Adjustment 1347 Art. IV. Concurrency Management 1349 Art. V. Stormwater Management 1360 Art. VI. Archaeological Site Protection Regulations 1363 22. Reserved 1411 23. Police 1463 Art. I. In General 1465 Art. II. Reserved 1465 Art. III. Reserve Force 1465 24. Streets, Sidewalks and Public Places 1517 Art. I. In General 1519 Art. II. Excavations 1519 Div. 1. Generally 1519 Div. 2. Permit 1520 Art. III. Sidewalks and Driveways 1520 Div. 1. Generally 1520 Div. 2. Permits 1522 25. Swimming Pools 1573 Art. I. In General 1575 Art. II. Construction Permits 1576 Art. III. Public and Private Pools 1577 26. Taxation 1627 Art. I. In General 1629 Supp. No. 6 xiv Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they .should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 1 149, 150 3 iii 1 151, 152 3 v, vi OC 153, 154 3 vii, viii OC 155, 156 3 ix OC 156.1, 156.2 3 x.i, x.ii 1 156.3 3 x.iii 1 157, 158 1 xi, xii 6 159, 160 1 xiii, xiv 6 161, 162 1 xv 4 211 OC 1 OC 213 OC 3, 4 OC 263 OC 5, 6 OC 265, 266 OC 7, 8 OC 267, 268 OC 9, 10 OC 269 OC 11, 12 OC 319 OC 13, 14 OC 321, 322 OC 65 OC 323, 324 OC 77 OC 325, 326 OC 79, 80 OC 327, 328 OC 81, 82 OC 329, 330 OC 133 1 331 OC 135, 136 OC 381 OC 137, 138 OC 383, 384 5 139, 140 OC 384.1 5 141, 142 OC 385, 386 OC 143, 144 OC 387, 388 OC 145, 146 OC 389, 390 OC 147, 148 5 391, 392 OC 148.1 5 393, 394 OC Supp. No. 6 [1] NORTH PALM BEACH CODE fi " Page No. Supp. No. Page No. Supp. No. 395, 396 OC 1171 OC 397, 398 OC 1173, 1174 4 399, 400 OC 1175 4 401, 402 OC 1225 OC 403 OC 1227, 1228 OC 453 OC 1229, 1230 OC 455, 456 OC 1231, 1232 OC 507 OC 1233, 1234 OC 509 OC 1235, 1236 OC - 559 OC 1237, 1238 6 561, 562 6 1239, 1240 6 563, 564 6 1241 6 615 OC 1289 3 617, 618 OC 1291, 1292 OC 619, 620 6 1293, 1294 3 671 2 1343 4 673 2 1345, 1346 OC 723 2 1347, 1348 OC 725, 726 5 1349, 1350 OC -- 727, 728 5 1351, 1352 OC 729 5 1353, 1354 OC 777 OC 1355, 1356 OC 779, 780 OC 1357, 1358 OC 781, 782 OC 1359, 1360 OC 783, 784 OC 1361, 1362 5 785, 786 OC 1363, 1.364 5 787, 788 OC 1365, 1366 5 789 OC 1367 5 839 OC 1411 OC 889 OC 1463 OC 891, 892 5 1465, 1466 OC 893, 894 OC 1517 OC 895, 896 OC 1519, 1520 OC 945 OC 1521, 1522 OC 947, 948 3 1523 OC 997 OC 1573 OC 999, 1000 OC 1575, 1576 OC 1051 OC 1577 OC 1053, 1054 OC 1627 OC 1055, 1056 OC 1629, 1630 5 1057, 1058 OC 1681 OC 1059, 1060 OC 1683, 1684 OC 1061, 1062 OC 1685, 1686 OC 1063, 1064 OC 1687, 1688 OC 1065, 1066 OC 1689, 1690 OC 1067, 1068 OC 1739 OC 1069, 1070 OC 1741, 1742 OC 1071 OC 2043 OC 1121 OC 2045, 2046 OC Supp. No. 6 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2047, 2048 OC 2881, 2882 OC 2049, 2050 OC 2883 6 2051, 2052 OC 2933, 2934 OC 2053 OC 2935, 2936 4 2353 OC 2937, 2938 5 2355, 2356 OC 2938.1 5 2357, 2358 OC 2939, 2940 3 2359, 2360 OC 2941, 2942 3 2361, 2362 OC 2942.1 3 2363, 2364 OC 2943, 2944 2 2365, 2366 OC 2945, 2946 3 2367, 2368 1 2947, 2948 5 2368.1 1 2948.1 - 5 2369, 2370 OC 2949, 2950 OC 2371, 2372 OC 2951, 2952 3 2373, 2374 OC 2952.1 3 2375, 2376 OC 2953, 2954 OC 2377, 2378 OC 2965, 2966 OC 2379 OC 2479 OC 2481, 2482 OC 2483, 2484 OC 2485, 2486 1 2487, 2488 OC 2489, 2490 OC 2491, 2492 OC 2493, 2494 OC 2495, 2496 OC 2497, 2498 OC 2499, 2500 OC 2501, 2502 OC 2503, 2504 OC 2505, 2506 2 2506.1 2 2507, 2508 1 2509, 2510 1 2510.1 1 2511, 2512 OC 2513, 2514 OC 2515, 2516 OC 2517, 2518 OC 2619 OC 2819 4 2869, 2870 OC . 2871 OC . 2873 OC 2875, 2876 OC 2877, 2878 OC 2879, 2880 OC Supp. No. 6 [3] 1 COUNTRY CLUB § 9-2 ARTICLE I. IN GENERAL b. Other areas at the North Palm Beach Country Club, including the clubhouse, Sec. 9-1. Premises-General regulations. tennis facilities, swimming pool area No person, other than village employees or per- and winter club except during daylight sons authorized by the village, on the premises of hours and during the hours of one (1) the North Palm Beach Country Club, including hour after sunset and one (1) hour be- the North Palm Beach Country Club Golf Course, fore sunrise as the premises are lighted tennis club and tennis facilities, driving range, and use thereof has been expressly ap- swimmingpool area, dining room, bar, winter club proved by the village for the country facilities and all other premises included within club restaurant, bar facilities, swim- the property acquired by the village as part of the ming pool area, tennis courts, golf North Palm Beach Country Club, both under the course, driving range and the winter original purchase and under the option by which club. The opening and closing hours for it acquired the tennis club area, shall: such latter areas shall be posted at the main entrance to the facilities for public (1) Disfiguration and/or removal of building information. One (1) hour after sunset and other property. and one (1) hour before sunrise, all por- a. Willfully mark, deface, disfigure, in- tions of the North Palm Beach Country jure, tamper with or displace or remove Club which are not lighted and per- any building, paving or paving mate- mitted for use as described above shall rials, lawn, sod, water line or other be closed to the public, and no person public utilities, parts of appurtenances or persons shall walk or be upon any thereof, signs, notices or placards, portion of the country club premises whether temporary or permanent, or which is closed to the public during any other structures, equipment, facil- those hours. ities or country club property or appur- (Ord. No. 5-80, § 1, 3-13-80) Editor's note-Ordinance No. 5-80, § 1, adopted Mar. 13, tenances thereto, either real or per- 1980, amended the Code with the addition of a new § 9-21. sonal. However, in order to maintain Code format, the editor has b. Dig or remove or disfigure any of the redesignated the provisions as § 9-1. tee areas, fairways, greens or rough on the North Palm Beach Country Club Sec. 9-2. Same-Signs; enforcement; penal- Golf Course. ties. c. Damage, cut, carve, transplant or re- move any tree or plant or injure the (a) The village manager shall place appropriate bark or pick the flowers or seeds of any signs advising the public of the closing of country tree or plant. Nor shall any person at- club facilities at each entrance to the North Palm tack any rope, wire or any contrivance Beach Country Club and at each of the North Palm to any tree or plant. A person shall not Beach Country Club facilities main entrances. dig in or otherwise disturb grassy areas (b) All employees at the North Palm Beach or in any other way injure or impair Country Club and the public safety department the natural beauty or usefulness of any and public safety office at the village shall, in area. connection with their duties imposed by law, dil- (2) Hours. Be physically present on: igently enforce the provisions of sections 9-1 and 9-2. The North Palm Beach Country Club Man- a. The golf course at the Village of North ager and all persons employed at the North Palm Palm Beach Country Club, including Beach Country Club shall have the authority to all tees, fairways, greens and rough reject from the country club premises any person areas during the period from one (1) acting in violation of sections 9-1 and 9-2. The hour after sunset to one (1) hour before North Palm Beach Public Safety Department and sunrise each day. any North Palm Beach Public Safety Officer shall Supp. No. G 561 § 9-2 NORTH PALM BEACH CODE have the authority to enforce sections 9-1 and 9-2 (b) Terms. The initial appointments to the seven and to arrest any persons trespassing upon the (7) member board shall be as follows: country club property in violation of the hours of (1) Four (4) members shall be appointed for a use and other provisions of sections 9-1 and 9-2. two-year term each. (c) Penalties. Violation of any provision of this (2) Three (3) members shall be appointed- for a Code section shall be punished as provided in sec- three-year term each.. tion 1-8 of this Code. (Ord. No. 5-80, § 2, 3-13-80) (3) Thereafter all appointments shall be made Editor's note-Ordinance No. 5.80; § 2, adopted Mar. 13, for a term of two (2) years each. 1980, amended the Code with the addition of a new § 9-22. At the editor's discretion, in order to maintain Code format, the The terms of the three (3) members of the board provisions have been redesignated as § 9-2. whose expiration date is scheduled to be January 10, 1994, are changed to provide for an expiration date of October 1, 1993. The terms of the four (4) Secs. 9-3-9-15. Reserved. members of the board whose expiration date is scheduled to be January 10, 1995, are changed to provide for an expiration date of October 1, 1994. Hereafter, the village council. shall make appoint- AR,TICLE II. ADIVII1vISTR,ATIVE BOAR;D* merits to the-board in September of each year with terms to commence- October 1 thereafter. Sec. 9=16. Created.: (c) Vacancies. An appointment to full any va- cancy shall be for the remainder of the unexpired A country club administrative board (hereinaf- term of office. ter referred to as the board) for the village is (Ord. No. 39-90, § 2, 11-19-90; Ord. No. 18-93, § 1, hereby created. 7-22-93) (Ord. No. 39-90, § 1, 11-19-90) Sec. 9-18. Removal. Sec. 9-17. Composition;. terms; vacancies. Members of the board shall serve at the plea- (a) Composition. The board shall be appointed sure of the village council and may be removed at by the village council and shall consist of seven (7) any time with or without cause. If any member members who shall be residents of the village. fails to attend two (2) successive meetings without One (1) member of the board appointed October 1, a board's excused absence, the board shall declare 1993, shall be either a pool member or a tennis the member's office vacant and the village council member of the country club. One (1) member of shall promptly fill such vacancy for the unexpired the board appointed October 1, 1994, shall be ei- term of office. ther the pool member or tennis member not ap- (Ord. No. 39-90, § 3, 11-19-90) pointed October 1, 1993. Commencing October 1, 1995, and thereafter at least one (1) member of Sec. 9.19. Officers' quorum; compensation. the board shall be a pool member of the country ~ club, one (1) member of the board shall be a tennis At the first organizational meeting of the board, member- of tiie country club and one (1) member of the members shall elect a chairman, :Tice chairman the board shall be a golf member of the country and secretary from among its members. Subse- club. quent to the initial organization meeting where ~ officers are elected, the members shall elect the ~ *Editor's note-Ordinance No. 39-90, adopted Nov. 19, officers from among its members at the first reg- 1990, did not specifically amend this Code; hence, inclusion of , 1-7 as Art. II, 9-16-9-22, was at the discretion of the ular meeting in October of each year. I'he pres- editor. ence of four (4) members shall constitute a quorum Cross reference-Administration generally, Ch. 2. and motions shall be approved by a majority of Supp. No. 6 562 COUNTRY CLUB § 9-32 members present. The members shall serve (d) Capital improvement programs. The board without compensation. shall review and approve all plans for capital im- (Ord. No. 39-90, § 4, 11-19-90; Ord. No. 18-93, § 2, provements at the country club presented by the 7-22-93) club manager. (e) Purchase orders. The country club manager Sec. 9.20. Meetings. shall issue all purchase orders at the country club in accordance with the latest village purchasing The board shall meet and shall schedule reg- rules and regulations. The board shall review and ular meetings twice per month. In addition, the keep itself informed as to issuance of purchase chairman may call special meetings and special orders. meetings may be called by written notice signed by at least four (4) members of the board. Minutes Evaluation of club manager. The board shall shall be kept of all meetings. Notice of all meet- review and evaluate the performance of the ings shall be posted in accordance.with the proce- country club manager at least once annually in dures established by the village council. All meet- advance of the adoption of the annual operating ings shall be open to the public. The attorney for budget. Said review and evaluation .shall be in the village may give legal assistance to the board accordance with specific criteria developed jointly as required. The board shall enact or adopt rules by the board and club manager. The board shall for the conduct of its meeting. All members shall provide the club manager with an adequate op- be apprised of the applicability of the "sunshine portunity to discuss this evaluation with the board. law" to the board and its members. Annually, the board and club manager shall de- (Ord. No. 39-90, § 5, 11-19-90) fine goals and performance objectives which they determine necessary for the proper operation of the country club, and, in the attainment of the Sec. 9.21. Duties. board's policy objectives. These goals and objec- tives shall be provided to the club manager in (a) Management and administration policies. writing prior to the beginning of the fiscal year The board shall establish policies for the manage- and be reasonably attainable within the fiscal year ment and administration of the North Palm Beach and within budgetary limitations. Country Club including policies for the daily op- (Ord. No. 39-90, § 7, 11-19-90; Ord. No. 33-91, § 1, eration of the various club activities. Policies es- 10-24-91; Ord. No. 13-93, § 1, 5-13-93) tablished by the board shall not be in derogation of contracts entered into between the village Sec. 9-22. Village manager. council and the golf professional, tennis profes- sional, pool manager or any other person or cor- If a conflict or irreconcilable difference arises poration. The board shall not establish any policy between the country club manager and the board, that would discriminate between club members either the club manager or the board may present and village resident nonmembers which would such conflict or difference to the village manager favor the club members' accessibility to club fa- for resolution. cilities. (Ord. No. 39-90, § 7, 11-19-90; Ord. No. 13-93, § 2, 5-13-93) (b) Country club manager. The board shall convey its policies to the club manager. The board Secs. 9-23-9.31. Reserved. shall meet with the manager on a regular basis to coordinate and ensure implementation of its pol- icies by the club manager at the country club. ARTICLE III. FINANCES (c) Village employees. The board shall serve as Sec. 9-32. Delinquent accounts; penalties. a consultant to the country club manager in the hiring of village employees for the North Palm (a) Effective November 1, 1971, all past-due Beach Country Club. charges for goods or services purchased at the Supp. No. 6 563 § 9-32 NORTH PALM BEACH CODE ~ country club shall carry a penalty of one and one- half (11/2) percent of the amount due for each thirty (30) days the account is past due on all accounts where the past-due indebtedness is ten dollars ($10.00) or more. (b) Effective November 1, 1971, all past-due membership fees at the country club shall :carry a penalty of one and one-half (11/2) percent of the amount past due for each thirty (30) days the mem- bership fee is past due on all accounts where the past-due indebtedness is ten dollars ($10.0.0) or more. (c) All billings for membership fees and for goods or services purchased at the country club shall contain information advising the customer of the penalty charge for late payment,. with at least athirty-day notice of such penalty. (d) In addition to the penalties set forth in para- graphs (a) and (b) of this section, any person whose account for membership fees or for goods and ser- vices purchased at the country club is delinquent beyond two (2) billing periods shall have his mem- bership privileges suspended at the country club and shall no longer be entitled to purchase goods and services or to utilize the facilities at the country club until. he has brought his account cur- rent. (Code 19'70,. § 10.5-40; Ord. No. 211-70, § 1; Ord. No. 9-71, § 9; Ord. No. 3-76, § 1, 3-11-76) f [The next page is 6151 Supp. No. 6 564 I ELECTIONS § 10-61 Sec. 10.10. Same-Public measure. ARTICLE III. INSPECTORS AND CLERK Whenever a public measure shall be submitted to the vote of the people, the substance of such Sec. 10.58. Appointment. public measure shall be printed on the ballot one (1) time, after the list of candidates, if any, fol- For the purpose of carrying on and conducting lowed by the phrase, "For the Amendment" and of general and special elections, it shall be the also by the phrase, "Against the Amendment" duty of the village council, at least twenty (20) with a sufficient blank space thereafter for the days prior to the holding of any election in the placing of the symbol "X" to indicate the voter's village, to appoint at least three (3) intelligent, choice. discreet, fair-minded, qualified inspectors and one (Code 1970, § 12-35) (1) clerk of election for each polling place, all of whom shall be residents and registered, qualified Sec. 10-11. Village council to constitute can- electors of the village. vassing board. (Code 1970, § 12-22; Ord. No. 9-93, § 1, 3-11-93) The village council shall constitute the can- vassing board and on the day after the election Sec. 10-59. Oath required. officials have certified their returns, the village council shall canvass the returns and the absentee The inspectors and clerks of election shall, be- ballots, if any, and officially proclaim the results fore entering upon the duties of their offices, take of the election by appropriate resolution. and subscribe an oath or affirmation to the effect (Code 1970, § 12-57) that they will perform the duties of inspector and clerk respectively, according to law, and endeavor Sec. 10.12. Protest of election returns; inspec- to prevent any fraud, deceit or abuse in conducting tion by canvassing board. the election. Such oath may be taken before the Whenever any elector, believing that election village clerk or any officer authorized to admin- returns are erroneous and fraudulent, protests, ister oaths and shall be filed with the .supervisor he shall have a right to file a written protest of registration. against the canvass of such returns with the can- (Code 1970, § 12-23) vassing board specifying the polling place in which he believes such returns are erroneous or fraud- Sec. 10.60. Filling vacancy. ulent. Such protest may be filed with the can- vassing board up until the time the canvass has In the case of absence or refusal to act of any been completed and the totals of votes tabulated. inspector or clerk appointed by the village council, (Code 1970, § 12-58) the remaining inspectors and clerk at any polling place may fill all vacancies from the registered Secs. 10.13-10-37. Reserved. and qualified electors of the village, and provided that the council shall not have filled such vacancy prior to the date of holding any such election. ARTICLE II. RESERVED* (Code 1970, § 12-24) Secs. 10-38-10.57. Reserved. Sec. 10.61. Compensation. *Editor's note-Ord. No. 3-79, § 1, adopted Feb. 22, 1979, repealed 10-38-10-46, which sections constituted Art. II, Inspectors and clerks of any election shall be pertaining to absentee voting. Such sections derived from Code paid for their services by the village in such sum 1970, 12-46-12.54. Section 2 of Ord. No. 3-79 provided as may be determined, from time to time, by the "that the provisions of the general laws of the State of Florida relating to absentee voting are hereby adopted as a part of the village council. Election Code of the Village of North Palm Beach." (Code 1970, § 12-25) Supp. No. 6 619 § 10-62 NORTH PALM BEACH CODE Sec. 10-62. Duty to maintain good order and Sec. 10-77. Policeman to be present. report violations. The council may designate one (1) of the officers (a) The inspectors of election shall have full au- of the police force of the- village for each polling thority to maintain order at the polls and enforce place, who shall be required to be present during obedience to their lawful commands during an the whole of the time the polls are kept open and election and during the canvass and estimate of until the election is completed. He shall be subject the votes. to all lawful commands of the inspectors, and shall (b) It shall be the duty of the clerk and inspec- see that there is no interruption of good order. tors to report any violation of this chapter to the Such police officer shall have the power to main- village council. If ordered by a majority of the tain peace and to summon a posse from among the board at any precinct, any person presenting him- bystanders to aid him in maintaining the peace self to vote may be arrested by any peace officer and good order at the polls. attending such precinct, for known violations of (Code 1970, § 12-18) this chapter. {Code 1970, § 12-26) Sec. 10.6 3. Organization. One (1) inspector shall act as the chairman of the election board at each polling place. In any and all questions that may arise before such in- spectors-of election, the decision of the majority of them shall decide the question. (Code 1970, § 12-27) Sec. 10-64. Instruction prior to election. The supervisor of registration and the village council shall, prior to each election, give such in- struction as necessary to the members of the elec- tion "board concerning their duties for the proper conducting of the election and for the proper op- eration ofvoting machines. Such instruction shall be given not more than ten (10) days prior to the date of the election and as near to each election as practicable. This shall not be construed to mean that instruction is required to be given to each election board before each election but to provide for instruction of election boards needing instruc- tion in order to properly perform their duties. (Code 1970, § 12-28) Secs. 10.65-10-'75. Il,eserved. ARTICLE IV. POLLING PLACE Sec.. 10-76. Designated. The polling place of the village shall be as here- inafter designated, from time to time, by the vil- lage council. (Code 1970, § 12-15) [The next page is 671] Supp. No. 6 620 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-207 sistent with the context, words used in the present Sec. 19-204. Same-Emergency power. tense include the future, words in the plural in- clude the singular, and words in the singular in- In the event a further emergency arises which elude the plural. needs immediate remedial action, the mayor is authorized to take such action without prior The word "shall" is always mandatory and not council approval. merely directory. (Ord. No. 6-81, § 9, 5-14-81) Village means the Village of North Palm Beach. Sec. 19.205. Exception to maintain sanita- Water means water taken from any ground- tion. water system, surface water system or public water supply. The village manager upon the recommendation of the appropriate local authority or department Water shortage or water shortage emergency of environmental regulation or upon his own re- means the declaration of such by the governing cognizance shall have the authority to permit a board or the executive director of the South Florida reasonable use of water in any case necessary to Water Management District pursuant to F.S. maintain adequate health, public safety, and san- chapter 373. itation standards. (Ord. No. 6-81, § 1, 5-14-81) (Ord. No. 6-81, § 6, 5-14-81) Sec. 19-201. Application. Sec. 19-206. Penalties. The provisions of this article shall apply to all Violation of any provision of this article shall users of water within the corporate limits of the be subject to the following penalties: village. (Ord. No. 6-81, § 2, 5-14-81) (1) First violation-Warning; (2) Second violation-Twenty-five dollars Sec. 19.202. Implementation. ($25.00); (a) Authority to implement. The village council (3) Third violation-Fifty dollars ($50.00); finds that a water shortage exists when a water shortage or water shortage emergency is declared (4) Fourth violation and subsequent viola- by the South Florida Water Management District tions-Misdemeanor as authorized by the which includes the corporate limits of the village. village Code. (Ord. No. 6-81, § 5, 5-14-81) (b) Water shortage plan. Chapter 40E-21, Florida Administrative Code, as same may be amended from time to time, is incorporated herein by ref- ARTICLE X. AT.AR.MS* erence as part of the village Code, and shall be the water shortage plan of the village which shall be Sec. 19-207. Definitions. implemented whenever a water shortage emer- gency is declared by the South Florida Water Man- For the purpose of this article, whenever any of agement District in accordance with its terms, the following words or terms are used herein, they (Ord. No. 6-81, § 3, 5-14-81; Ord. No. 6-85, § 1, shall have the meaning ascribed to them in this 5-9-85) section. Alarm system means any device which is used Sec. 19.203. Enforcement-Generally. in a building or premises for the detection of un- ' Every police officer or code enforcement officer authorized entry, burglary, or any other criminal of the village shall in connection with all other -activity or fires, and which when activated emits duties imposed by law, diligently enforce the pro- "Cross references-False fire alarms, § 12-3; licenses and visions of this law. miscellaneous business regulations, Ch. 17; false alarm of need (Ord. No. 6-81, § 4, 5-14-81) for police or ambulance assistance, § 19-7. Supp. No. 6 1237 § 19-207 NORTH PALM BEACH CODE a sound signal, or message to alert others, whether For any alarm system existing prior to the effec- emitted on or off the premises or to the central tive date of the ordinance from which this article office of an alarm business. derived, an alarm permit application shall be made Alarm business means any person engaged in v'ithin sixty (60) days from notification by the vil- thebusiness of selling, leasing, monitoring, main- lage to the alarm user. Alarm system permits shall ' first issue for the period from August 1, 1993, to taining, servicing, repairing, altering, replacing, January 1, 1995, and on an annual basis there- moving or installing any alarm for any building after. place or premises. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, Alarm user means any person using an alarm 4-22-93; Ord. No. 14-93, § 1, 6-10-93) or occupying and controlling a premises or building, or a portion of a premises or building, served by an alarm and shall include any part Sec. 19-209. Application for alarm system owner, joint owner, tenant in common, tenant in permit. partnership, joint tenant or tenant by the entirety of the whole of part of a building having an alarm (a) Applications for alarm system permits shall system. be made to the director of public safety on forms providedby the public safety department. The ap- Calenclar year means the time span from Jan- plication shall be signed by the alarm user and uary 1 through December 31. shall provide the following information: False alarms means all activated alarms, re- (1) Name, address and telephone number of the sponded to by the public safety department, which alarm user; do not qualify as permitted alarms, including, but not limited to, alarms activated through inadvert- (2) Address and telephone number of the alarm ence, neglect, accident, faulty installations or user's premises or building to be served by maintenance. the alarm; Permitted alarm means all those alarms acti- (3) The name, address and telephone number vated by illegal entry or in response to criminal of the person or persons in charge of the activity or fire and includes alarms activated solely premises or building served by the alarm; by an act of nature not contributed to by faulty (4) If not the alarm user, the name, address maintenance, installation or use. and telephone number of the property Person means an individual, partnership, asso- owner; ciation or corporation. (5) The names, address and telephone num- Property owner means -the person, if other than hers of two (2) persons that shall respond to the alarm user, who possesses legal ownership to assist public safety personnel at the site of the building or premises, in which the alarm the alarm in case of problems. These per- system is installed. sons must be available for twenty-four (24) (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, hour per day contact and respond within 4-22-93) one (1) hour if requested. These persons are required to possess the authority to access Sec. 19-208. Alarm system permit required. and inspect the premises in order to eval- uate any problems and make an official re- No person shall have an alarm system installed port if necessary. to be operational, or use an existing alarm serving a premises or a building, or portion thereof, occu- (6) The name, address and telephone number pied or controlled by such a person, unless an of the person or entity installing the alarm; alarm permit has been issued hereunder, and is (7) The name, address and telephone number in force, authorizing the use of such alarm. The of the person or entity monitoring the alarm permit shall constitute a regulatory license. alarm; Supp. No. 6 1238 OFFENSES AND MISCELLANEOUS PROVISIONS § 19.212 (8) The name, address and telephone number permit issued. The alarm user shall post the ini- of the person or entity providing mainte- tial decal prominently on or near the front en- nance and repair service to the alarm; trance to the premises such that the permit (9) An agreement by the alarm user, binding number provided on the decal is visible from out- upon the alarm user's heirs and successors side the structure. in interest, to promptly pay or lawfully con- (fj Any alarm system permit issued pursuant test any penalties assessed against the to this article shall not be transferable or assign- alarmuser for an excessive number of false able and shall cover only one (1) building or pre- alarms as described in this article. mises. (b) An amended application shall be filed within (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, ten (10) days after any change in the information 4-22-93) provided in the application. Upon such amend- ment, anew alarm permit shall be issued without Sec. 19.211. Issuance of alarm system permit. charge or fee. An alarm system permit shall be issued to the (c) Failure to comply with any items in section alarm user by the director or public safety within 19-209(a), and (b), shall result in a service fee of thirty (30) days after receipt of the completed ap- twenty-five dollars ($25.00) per incident. This fee plication by the director of public safety. An alarm shall be assessed at time of discovery unless, it is system permit shall be denied if: being disclosed at time of permit renewal. (1) The requested information is not supplied (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, on the application. 4-22-93) (2) Material information on the application is Sec. 19.210. Term of permit; fee; nontransfer- incorrect. able. (3) Any person or entity listed on the applica- (a) An individual alarm system permit shall be tion under items (a)(6), (7), (8) of section issued to single family residences. 19-209 does not possess any required occu- pational orregulatory license to conduct the (b) An individual alarm system permit shall be activities required by items (a)(6), (7), (8), issued to any occupant of a multi-unit dwelling or unless the person or entity is the alarm commercial building wishing to install aperson- user. alized alarm system within the building already permitted for is controlled by a single person or The department of public safety shall give no- entityresiding or leasing within the building, that tice of the permit expiration date and need for may already possess an alarm system permit as renewal. Application for renewal will require a described in section 19-210(c). ten dollar ($10.00) permit renewal fee and up- datedinformation required in section 19-209, items (c) In multi-unit structures, whether residen- (a)(1) through (9). tial or commercial, an individual alarm system (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, permit shall be issued for an alarm system that is 4-22-93) used as a common alarm system throughout the premises. Sec. 19-212. Excessive false alarms declared (d) The alarm system permit shall be issued the a public nuisance. alarm user by the director of public safety prior to The emission of false alarms within the cal- the alarm system being placed into service. The endar year as cited in section 19-213(1) and (2) is .fee for this permit is ten dollars ($10.00) and shall excessive and constitutes a serious public nui- be renewed each calendar year. sance, and is hereby declared to be unlawful and (e) The public safety department shall issue a a violation of this section. No person shall allow, decal specifying the permit number with each permit, cause, or fail to prevent, the emission, for Supp. No. 6 1239 19-212 NORTH PALM BEACH CODE any reason, by any alarm used by him, or any user. The public. safety department. shall. notify alarm serving premises or a building: occupied and each alarm user. The public safety department controlled by such person, of more false alarms as shall notify each alarm user of the service: fee cited in section 19-213(1) and (2) within the cal- charges to be paid within thirty (30) days after endar year, demand. If the alarm user fails to comply with (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, this notice, the public safety department will no- 4-22-93) tify the- village clerk. to send notice for the alarm user to appear before the code enforcement board. Sec. 19-213. False alarm service charge; col- (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, lection. 4-22-93) An alarm user shall pay the following fees to Sec. 19=214. Penalty.. the village for responses to excessive false alarms by the. public safety department within the cal- Any person who shall violate the provisions of endar year. this article shall, upon conviction thereof, be pun- (t) In a single alarm user premise, there shall fished as provided in section 1-8 of this Code. be no charge for a response to the first three (Ord. No. 11-81, § 1, 11-12.-81; Ord. No. 11-93, § 1, (3) alarms within the calendar year. 4-22-93) (2) In a multi-unit structure where an alarm Seca 19-215. Interference with public safety system permit hasbeen issued for a common department telephone trunk alarm system, the. no charge- schedule- of linen- prohibited; alarm business service fees reference- false alarms within central' office required; identifi• the- calendar year scale will be as follows: cation required. (a) No person shall use or cause to be used. a _ 2-20 units -Three. (3) no charge telephone or electronic device. or attachment that false alarms automatically selects a public primary telephone 2:1-40 units -Four (4) no; charge trunk line of the public safety department or any false alarms other department or bureau of the village; and 41-60 units -Six (6) no charge then reproduces any prerecorded message- to re- false alarms port any burglary,. unauthorized entry or other 61-80 units -Eight (8) no charge emergency. Any such alarm system shall be dis- false. alarms connected and its use discontinued within sixty 81-100 units -Ten (10) no charge (60) days. of enactment of this article [Ordinance false alarms 11-93]. 101-120 units -Twelve (12) no charge false alarms No person shall provide alarm service system 121 or more units -Fifteen (16) n o Programmed to a central alarm reception office charge false alarms unless it shall have the central office staffed at all times, twenty-four (24) hours a day, including hol- (3) There shall be a service fee charge of fifty idays. dollars ($60.00) for response to any false alarm in excess of the allotted no charge (c) Airy staff member of a private alarm service ' false alarms within the calendar year as system reporting an alarm activation to which ~ listed in section 19-213(1) and (2). the public safety department response is requested shall identify himself and state the name and tele- The director of public safety shall keep a record phone number of the alarm business by which of whenever a false alarm has been responded to such response is requested. by the public safety department, and shall note (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, the frequency of such false alarms for each alarm 4-22-93) Supp. No. 6 1240 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-221 Sec. 19-216. Audible alarms. by, Underwriters Laboratory, Inc., and the Stan- dards of the National Fire Protection Association. All alarms which may be heard in any public (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, place shall be equipped and maintained to auto- 4-22-93) matically cut off no longer than thirty (30) min- utes after being set off. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, ARTICLE XI. WELLFIELD PROTECTION 4-22-93) Sec. 19.220. County wellfield protection ordi- Sec. 19-217. Enforcement through code en- nance adopted by reference. foreement board. The village adopts, by reference, the county well- The director of public safety may initiate action field protection ordinance (Ordinance No. 88-71). before the code enforcement board of the village (Ord. No. 22-90, § 1, 6-28-90) to obtain compliance with this article. Any no- tices of appearance before the code enforcement Sec. 19.221. Regulation of business activities board shall be sent to both the alarm user and with potential to contaminate property owner, if different, on the authority of land and water resources. the code enforcement board through the village A business must notify the county department clerk's office. The board shall have authority to of environmental resources management of its in- place alien against the property served by the tent to use, store and/or dispose of those haz- criminal detection or fire alarm systems in the ardous or toxic substances cited in the county well- amount of all service charges assessed by the vil- ~ eld protection ordinance. This requirement shall lage pursuant to section 19-213 above. If the alarm be implemented and monitored through the an- user and property owner are different, the code nual renewal of village occupational licenses. At enforcement board shall have authority to pro- the time of annual renewal, the applicant shall teed .against the alarm user who receives written present proof to the village in the form of a re- notice even though the director of public safety turned receipt of such notification to the county - has been unable to serve notice upon the property department of environmental resources manage- owner. ment. The village may proceed by a suit in a court of (Ord. No. 22-90, § 1, 6-28-90) proper jurisdiction to collect such Service fee Cross reference-Licenses and miscellaneous business reg- charge after demand therefore has been made by ulations, Ch. 17. the village and the alarm user has failed to pay same within thirty (30) days after such demand. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) Sec. 19.218. Exemptions. This article shall not apply to any alarms at- tached to motor vehicles or attached to any pub- licly owned property. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) Sec. 19-219. Alarm user standards. All alarm systems installed within the village shall meet or exceed the standards of, and be listed, [The next page is 1289 Supp. No. 6 1241 CODE COMPARATIVE TABLE-ORDINANCES Adoption Section Ord. No. Date Seetion this Code 40-90 12-13-90 1 18-38 3.91 1-24-91 1 App. B, § 36-23 4-91 2.28-91 1 2-177(a) 6-91 3-14.91 1 Rpld App. C, § 45-20 7-91 3-14-91 1 App. C, § 45-36 16-91 4-11-91 1-12 2-170-2-170.11 17-91 4-25-91 1 2-174(a) 19.91 5-23-91 2 11-11 20-91 5-23-91 1 6-20 21-91 5-23-91 1(1)-(7) 12-101-12-107 23-91 6-27-91 1 Readopting Ordi- nance, p. ix 24-91 7-11-91 1 App. C, § 45-35.2(B)(8) 33-91 10-24-91 1 9-21(c), (d) 34-91 11-14-91 1 14-30(b) 1-92 2-13-92 1-6 2-159-2-164 7 Rpld 2-165 8 2-166 9 Rpld 2-167 10 Added 2-167 11, 12 2-168, 2-169 3-92 2-27-92 1, 2 15-1, 15-2 5-92 4-23-92 1-6 20-61-20-66 6-92 5-28-92 I-VIII 21-101-21-108 8-92 6-25-92 1 18-34.1 13-92 9-10-92 1, 2 12-16, 12-17 14-92 9-10-92 2 6-17 3 Rpld 6-20 16-92 9-24-92 1 26-29 18-92 10-22-92 1 14-30 4-93 1.14-93 1 2-149(c) 8-93 2-11-93 1 21-70 9-93 3.11-93 1 Rpld 10-58(b) 11-93 4-22-93 1 19-207-19-219 13-93 5-13-93 1, 2 9-21, 9-22 14-93 6-10-93 1 19-208 18-93 7-22-93 1 9-17 2 9-19 [The next page is 2933] Supp. No. 6 2883 - 1 l